HomeMy WebLinkAbout20172098RESOLUTION
RE: GRANT CHANGE OF ZONE, PUDZ17-0002, FROM THE A (AGRICULTURAL) ZONE
DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT FOR 26
RESIDENTIAL LOTS WITH E (ESTATE) ZONE USES ALONG WITH 3.79 ACRES OF
OPEN SPACE AND THREE (3) OUTLOTS - PANORAMA ESTATES, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, a public hearing was held on the 19th day of July, 2017, at 10:00 a.m., in the
Chambers of the Board for the purpose of hearing the application of Panorama Estates, LLC,
9075 CR 10, Fort Lupton, CO 80621, requesting a Change of Zone, PUDZ17-0002, from the
A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District for 26
residential lots with E (Estate) Zone Uses along with 3.79 acres of open space and three (3)
outlots, for a parcel of land located on the following described real estate, to -wit:
Lot B of Recorded Exemption, RECX12-0025; being
part of the N1/2 SE1/4 of Section 8, Township 2
North, Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, Tommy Raye, applicant, and Sheri Lockman, 36509 County Road 41 Eaton,
Colorado 80615, were present, and
WHEREAS, Section 23-2-40 of the Weld County Code provides standards for review of
such a Change of Zone, and
WHEREAS, the Board of County Commissioners heard all the testimony and statements
of those present, studied the request of the applicant and the recommendation of the Weld County
Planning Commission and, having been fully informed, finds that this request shall be approved
for the following reasons:
1. The applicant has complied with all the application requirements listed in
Section 23-2-50 of the Weld County Code.
2. The request is in conformance with Section 23-2-40.B of the Weld County Code
as follows:
A. Section 27-6-120.D.5.a - The proposal is consistent with any
intergovernmental agreement in effect influencing the PUD and Chapters
19 (Coordinated Planning Agreements), Chapter 22 (Comprehensive
Plan), Chapter 23 (Zoning), Chapter 24 (Subdivision) and Chapter 26
(Mixed Use Development) of the Weld County Code.
1) Section 22-2-120.A (R.Goal 1) — states: "Ensure that adequate
services and facilities are currently available or reasonably
obtainable to serve the residential development or district." The
proposed PUD will be served by public water (Central Weld County
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Water District) and On -site Wastewater Treatment Systems
(OWTS).
2) Section 22-2-120.C (R.Goal 3) states: "Consider the compatibility
with surrounding land uses, natural site features, nearby
municipalities' comprehensive plans and general residential growth
trends when evaluating new residential development proposals."
The proposed PUD is located next to an existing subdivision and is
adjacent to residences on recorded exemption lots immediately to
the east. The property is located within the FirestoneM/eld County
Cooperative Planning Agreement Area (IGA) and the property is
designated as Residential Low (which allows single-family
residential land uses) as delineated in the Town the Firestone
Master Plan.
3) Section 22-2-120.F.3 (R.Policy 6.3) states: "Roadway and/or
pedestrian connections surrounding properties should be included,
where feasible, to ensure connectivity between adjoining properties
as they develop."The proposed PUD is located in an urban area in
that it is adjacent to an existing 30 -plus lot subdivision (Enchanted
Hills). The Town of Firestone is located to the northwest of the site,
and indicated no concerns in the referral response, dated April 10,
2017. The number of lots proposed and the location next to an
existing subdivision makes this an urban scale development. The
adjacent subdivision is an old subdivision with gravel roads and no
sidewalks. Therefore, staff is requiring paved roads with gravel
shoulders (no sidewalks).
B. Section 27-6-120.D.5.b - The uses which would be allowed in the proposed
PUD will conform with the Performance Standards of the PUD Zone District
contained in Chapter 27, Article II, of the Weld County Code.
1) Section 27-2-40, Bulk requirements — The applicant has chosen to
adhere to the bulk requirements of the E (Estate) Zone District for
the sixteen (16) residential lots with the exception that Lots 1-8,
11-16 and 19-26 will not meet the 2.5 -acre minimum lot size
requirement.
2) Section 27-6-80.6.7 states: "All urban scale development PUDs
containing a residential element shall provide for a fifteen -percent
common open space allocation, unless otherwise stated in Chapter
26 of this Code." The number of lots proposed (26) is urban scale.
Additionally, the proposed PUD is located within the Firestone IGA
and located adjacent to an existing subdivision. The 15% common
open space allocation applies to this PUD.
3) Section 27-2-60 states: "Common open space is defined as any
usable parcel of land or water unimproved and set aside, dedicated,
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designated or reserved for public or private use or for the use and
enjoyment of owners or occupants of land adjoining or neighboring
such area. Common open space includes landscape areas that are
not occupied by buildings or uses such as storage or service areas,
private courtyards, parking lots and islands. In all PUD districts,
except for those containing residential uses, common open space
may include landscape setbacks adjacent to roadways, where the
setbacks are not utilized as parking or storage areas. The amount
and type of common open space provided in a PUD Zone District
shall be proportional to the intensity of the zone districts called for
in the PUD or uses specified in the application, unless specifically
delineated in Chapter 26. Common open space shall be designed
to be useful to the occupants and/or residents of the PUD Zone
District for recreational and scenic purposes. Common open space
in the PUD Zone District shall be owned and maintained in
perpetuity by an organization established specifically for such
ownership and maintenance purposes."The applicant is requesting
a waiver from the 15% common open space allocation requirement
due to the large lot sizes and location of the proposed PUD. The
Board of County Commissioners granted the waiver to allow 3.79
acres of open space (5.5% common open space) with this PUD.
C. Section 27-6-120.D.5.c - The uses which will be permitted will be
compatible with the existing or future development of the surrounding area,
as permitted by the existing Zoning, and with the future development as
projected by Chapter 22 of the Weld County Code or master plans of
affected municipalities. The proposed PUD site is located within the three
(3) mile referral area of the Towns of Frederick and Firestone. The site is
also located within the Cooperative Planning Agreement boundary
between Firestone and Weld County. The Town of Frederick and Firestone
indicated no conflicts in the referrals dated March 27, 2017, and April 10,
2017, respectively. Staff received one phone call from a surrounding
property owner expressing concerns about traffic and dust generated by
the subdivision and impacts on his water pressure. An Improvements and
Road Maintenance Agreement is required at the final plan stage.
Additionally, an approved water agreement between the applicant and the
water district is required prior to recording the final plan.
D. Section 27-6-120.D.5.d - The PUD Zone District shall be serviced by an
adequate water supply and sewage disposal system in compliance with the
Performance Standards in Chapter 27, Article II, of the Weld County Code.
The Department of Public Health and Environment, in the referral dated
April 13, 2017, indicates that the applicant has satisfied Chapter 27 in
regards to sewer service and water service. The application has satisfied
Chapter 27 of the Weld County Code, in regard to water service. The
Assistant Weld County Attorney has approved the water source of Central
Weld County Water District. A "can serve" letter from the District dated
August 4, 2016, was included in the application. A referral was submitted
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to the Colorado Division of Water Resources. No response has been
received from the Division of Water Resources. The applicants have
indicated that the final plan may have to be done in phases to meet water
district requirements. The application has satisfied Chapter 27 of the Weld
County Code in regard to sewer service. Individual On -site Wastewater
Treatment Systems will provide sewer for the lots and a soils report dated
November 21, 2016, from Soilogic was included with this application. The
report indicated: "Based on results of our completed site and soil
evaluation, we expect conventional On -Site Wastewater Treatment
Systems (OWTS) will be possible for the majority of the site. Typical
gravity -fed chamber systems in a bed or trench configuration could be
considered. Engineered septic system designs will be required for the
northeastern portion of the site due to the relatively shallow depth to
groundwater encountered in that area. Mounded systems could be
considered in this area in order to maintain adequate separation from
groundwater."
E. Section 27-6-120.D.5.e - The street or highway facilities providing access
to the property are adequate in functional classification, width, and
structural capacity to meet the traffic requirements of the uses of the
proposed PUD Zone District. County Road 17 is designated on the Weld
County Road Classification Plan as a gravel local road, which requires 60
feet of right-of-way at full buildout. The applicant shall verify the existing
right-of-way and the documents creating the right-of-way and this
information shall be noted on the plat. All setbacks shall be measured from
the edge of future right-of-way. If the right-of-way cannot be verified, it shall
be dedicated. This road is maintained by Weld County.
F. Section 27-6-120.D.5.f - An off -site Road Improvements Agreement and an
on -site Improvements Agreement proposal is in compliance with Chapter
24 of the Weld County Code, as amended, and a Road Improvements
Agreement is complete and has been submitted, if applicable. An
Improvements Agreement and Road Maintenance Agreement is required
prior to recording the final map for this site. Road maintenance, including
dust control, damage repair, and triggers for improvements will be included.
G. Section 27-6-120.D.5.g - There has been compliance with the applicable
requirements contained in Chapter 23 of the Weld County Code regarding
overlay districts, commercial mineral deposits, and soil conditions on the
subject site. The site is not located within any overlay district. Building
Permits issued on the proposed lots will be required to adhere to the fee
structure of the County -Wide Road Impact Fee, County Facility Fee and
Drainage Impact Fee Programs.
• H. Section 27-6-120.D.5.h - Consistency exists between the proposed Zone
District(s), uses, the specific or conceptual development guide. The applicant is requesting
that this PUD be approved as a specific development vs. a conceptual development. In
the application and in subsequent conversations with the applicant, the applicant is
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requesting a waiver from the 15% common open space requirement and keep open space
at one (1) acre. Staff is recommending that the proposed drainage easements be
incorporated as open space, approximately 5.5% of the site as open space. The site is
now located in the Firestone IGA boundary and the site borders an existing subdivision to
the west. The applicant has submitted a Specific Development Plan and is requesting that
the Final Plan be administratively reviewed. Review and approval of the Final Plan is
delegated to the Director of the Department of Planning Services and shall be based upon
compliance with Chapter 27 requirements and substantial consistency with the Change of
Zone plat.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Panorama Estates, LLC, for a Change of Zone from the
A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone District for 26
residential lots with E (Estate) Zone Uses along with 3.79 acres of open space and three (3)
outlots on the above referenced parcel of land be, and hereby is, granted subject to the following
conditions:
1. Prior to recording the Change of Zone plat:
A. The applicant shall provide the Weld County Department of Planning
Services with a Statement of Taxes from the Weld County Treasurer
showing no delinquent taxes exist for the original parcel.
B. Prior to recording the Change of Zone plat, the applicant's engineer shall
complete the Certification of Compliance form, including the variance
request portion, to address the release rate.
C. The plat shall be amended to include the following:
1) All pages of the plat shall be labeled PUDZ17-0002.
2) The applicant shall adhere to the plat requirements in preparation
of the Change of Zone plat, per Section 23-2-690 of the Weld
County Code.
3) The Weld County's Right to Farm Statement shall be placed on the
plat, Appendix 22-E of the Weld County Code.
4) All recorded easements shall be shall be shown and dimensioned
on the Change of Zone plat.
5) County Road 17 is a gravel road and is designated on the Weld
County Road Classification Plan as a local road, which requires
60 feet of right-of-way at full buildout. The applicant shall delineate,
on the site plan, the existing right-of-way. All setbacks shall be
measured from the edge of right-of-way. This road is maintained by
Weld County.
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6) Elm Street is a gravel road and is designated on the Weld County
Road Classification Plan as a local road, which requires 60 feet of
right-of-way at full buildout. The applicant shall delineate, on the site
plan, the existing right-of-way. All setbacks shall be measured from
the edge of right-of-way. This road is maintained by Weld County.
7) Setback radii, from existing oil and gas wells and tank batteries,
shall be indicated.
D. The Change of Zone is conditional upon the following and that each shall
be placed on the Change of Zone plat as notes prior to recording:
1) Change of Zone from the A (Agricultural) Zone District to the PUD
(Planned Unit Development) Zone District for 26 Residential Lots
with E (Estate) Zone District Uses along with 3.79 acres of open
space and three (3) outlots is subject to, and governed by the
Conditions of Approval stated hereon and all applicable Weld
County regulations.
2) The Bulk Standards Requirement as delineated in
Section 23-3-440, for the E (Estate) Zone District, shall be adhered
to, with the exception of the lots that will not meet the 2.5 -acre
minimum lot size requirement.
3) A minimum of 3.79 acres of open space (5.5% common open
space) will be provided on the Final Plan for Panorama Estates
PUD.
4) Outlots B and C are designated for access purposes only. All
accesses shall be granted at the discretion of the Homeowners
Association.
5) Water Service may be obtained from the Central Weld County
Water District.
6) The parcel is currently not served by a municipal sanitary sewer
system. Sewage disposal may be by septic systems designed in
accordance with regulations of the Colorado Department of Public
Health and Environment, Water Quality Control Division, and the
Weld County Code, in effect at the time of construction, repair,
replacement, or modification of the system.
7) Activity or use on the surface of the ground over any part of the
On -site Wastewater Treatment System (OWTS) must be restricted
to that which shall allow the system to function as designed and
which shall not contribute to compaction of the soil or to structural
loading detrimental to the structural integrity or capability of the
component to function as designed.
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8) During development of the site, all land disturbances shall be
conducted so that nuisance conditions are not created. If dust
emissions create nuisance conditions, at the request of Weld
County Environmental Health Services, a Fugitive Dust Control
Plan must be submitted.
9) If land development creates more than a 25 -acre contiguous
disturbance, or exceeds six (6) months in duration, the responsible
party shall prepare a Fugitive Dust Control Plan, submit an Air
Pollution Emissions Notice application, and apply for a permit from
the Colorado Department of Public Health and Environment.
10) The historical flow patterns and runoff amounts on the site will be
maintained.
11) Weld County is not responsible for the maintenance of on -site
drainage related features.
12) The property owner or operator shall be responsible for controlling
noxious weeds on the site, pursuant to Chapter 15, Articles I and II,
of the Weld County Code.
13) The access on the site shall be maintained to mitigate any impacts
to the public road, including damages and/or off -site tracking.
14) There shall be no parking or staging of vehicles on public roads.
On -site parking shall be utilized.
15) The property owner shall be responsible for complying with the
Performance Standards of Chapter 27, Article II and Article VIII, of
the Weld County Code.
16) Personnel from Weld County Government shall be granted access
onto the property at any reasonable time in order to ensure the
activities carried out on the property comply with the Conditions of
Approval stated herein and all applicable Weld County regulations.
17) The site shall maintain compliance at all times with the
requirements of the Weld County Departments of Public Works,
Public Health and the Environment, and Planning Services, and
adopted Weld County Code and Policies.
18) The applicant shall comply with Section 27-8-50 Weld County
Code, as follows: Failure to submit a Planned Unit Development
Final Plan - If a PUD Final Plan application is not submitted within
three (3) years of the date of the approval of the PUD Zone District,
the Board of County Commissioners shall require the landowner to
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appear before it and present evidence substantiating that the PUD
project has not been abandoned and that the applicant possesses
the willingness and ability to continue with the submission of the
PUD Final Plan. The Board may extend the date for the submission
of the PUD Final Plan application and shall annually require the
applicant to demonstrate that the PUD has not been abandoned.
If the Board determines that conditions or statements made
supporting the original approval of the PUD Zone District have
changed or that the landowner cannot implement the PUD Final
Plan, the Board of County Commissioners may, at a public hearing,
revoke the PUD Zone District and order the recorded PUD Zone
District reverted to the original Zone District.
19) The PUD Final Plan shall comply with all regulations and
requirements of Chapter 27 of the Weld County Code.
20) No development activity shall commence on the property, nor shall
any building permits be issued, until the final plan has been
approved and recorded. This does not apply to the existing
residence on the site.
21) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT:
Weld County has some of the most abundant mineral resources,
including, but not limited to, sand and gravel, oil, natural gas, and
coal. Under title 34 of the Colorado Revised Statutes, minerals are
vital resources because (a) the state's commercial mineral deposits
are essential to the state's economy; (b) the populous counties of
the state face a critical shortage of such deposits; and (c) such
deposits should be extracted according to a rational plan, calculated
to avoid waste of such deposits and cause the least practicable
disruption of the ecology and quality of life of the citizens of the
populous counties of the state. Mineral resource locations are
widespread throughout the County and persons moving into these
areas must recognize the various impacts associated with this
development. Oftentimes, mineral resource sites are fixed to their
geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should
be afforded the opportunity to extract the mineral resource.
22) The Weld County Right to Farm Statement, as it appears in Section
22-2-20.J.2 of the Weld County Code, shall be placed on the map
and recognized at all times.
2. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the plat not be recorded within the required one -hundred twenty (120)
days from the date of the Board of County Commissioners Resolution, a $50.00
recording continuance shall be added for each additional three (3) month period.
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3. With the Change of Zone plat map, the applicant shall submit a digital file of all
drawings associated with the Change of Zone application. Acceptable CAD
formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are .shp
(Shape Files), Arclnfo Coverages and Arclnfo Export files format type is .e00.
The preferred format for Images is .tif (Group 4) ... (Group 6 is not acceptable).
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 19th day of July, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
ATTEST: dandt)
adeo;e1
Weld County Clerk to the Board
County Attorney
Date of signature: `cal 1S/ 17
WELD COUNTY, COL9RADO
I
Sieve Moreno, Pro-Tem
Sean P. Conway
Mike Freeman
XCUSED
Barbara Kirkmeyer
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